§ 1-412
199 words·~1 min read·
/md/business-regulation/1-412A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§1–412.
(a)The Secretary of State shall cancel a registration of a mark if:
(1)the registrant asks that it be canceled;
(2)the registrant fails to renew it;
(3)a court of competent jurisdiction orders that it be canceled on any ground; or
(4)a court of competent jurisdiction finds that:
(i)the mark is abandoned;
(ii)the registrant does not own the mark;
(iii)the registration was granted improperly; or
(iv)the registration was obtained fraudulently.
(1)Subject to paragraph
(2)of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:
(i)was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and
(ii)is not abandoned.
(2)The Secretary of State may not cancel the registration of a mark if the registrant proves that:
(i)the registrant holds a concurrent registration of the mark in the United States Patent Office; and
(ii)the registration in the United States Patent Office covers an area that includes the State.